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to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly w
pieces, we won't be able to answer some of those questions. >> hagel also said the obama administration doesn't have enough information yet to decide whether the surviving 19-year-old tsarnaev brother should be sent to the guantanamo bay prison for terror suspects. >>> we're learning much, much more about the suspects now from the russian republic of dagestan where their father now lives. now cnn can exclusively reveal alleged boston bomber tamerlan tsarnaev, the older brother, had video of a jihadist on his youtube channel. let's get to nick paton walsh now, he joins us by phone from dagestan. so nick, what do you know about this video? i just spoke with the police commissioner here in boston. he says this is a major development to him and it is going to be used in the investigation. >> what we know -- a youtube channel which tamerlan tsarnaev put up, had a link to and had a section called terrorists and had had a link to this man. the link was taken down but we have found the video that appeared to link to. he was a militant from azerbaijan. the better known name here is del gato. wha
has only just begun, and the decision by the obama administration, not to designate him as an enemy combatant is upsetting several republicans. >> i have been informed that the obama administration has indicated this suspect in boston will not be treated as enemy combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and
innocent. >> let's talk about the larger issue of the obama administration and their handling of this horrible crisis. as an analyst, with what do you think? how did they do? >> at least from the outside, and we aren't going to know for another six months or a year when there are reports written, but i was there on 9/11. i was in front of a camera on 9/11. it felt a real change. the training and the investments and the practice and the work all came together. i thought people -- it was sobering. the city of boston responded. . everyone stayed indoors. everyone did what they were told to do. at least so far, yes, mistakes were made. but in the big picture, they did extremely well. >> and you could also see the results of 9/11 in sense of boston is a real, for lack of a better term, a surveillance city. there are cameras all over the city and those cameras, whatever you think of them in terms of civil liberties, those cameras helped the investigation. >> and there are a lot of things that exist today that didn't exist on 9/11. facebook, camera phones that take pictures. people a
precisely defined. the obama administration said 48 hours, but that's simply their interpretation. now, this hole miranda issue though i think we can overstate its importance. all miranda does is restrict whether those statements can be used against tsarnaev himself in a court case. they can still use all this other evidence that they have against him. so they may simply decide we're not going to use these statements at all. we're going to prove our case with other evidence. >> true, jeff. >> but then it doesn't matter. >> i'm curious about the voluntary statements. if he offers something up, can't that also be used as opposed to bringing it out in interrogation? >> yes, although it would be difficult to say that an intubated sedated person suddenly decided to write out answers to questions. i think it's quite clear he's being questioned here. the real issue is does the government want to use those answers in court or do they simply want to use it to continue their investigation, which they certainly have every right to do. >> but there's one other issue that relates -- >> go ahead, pr
that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exception and that's to protect the rest of us, to make sure there aren't any accomplices, any other direct and immediate threats. but after that, it is in the interests of the country to be able to ross cuku prosecute him public courtroom and have people understand what happened. so it is important for the administration and justice department and fbi to give him hir miranda right so is they can use all the evidence against him. there will be many victims and survivors who feel it is important to hav
balance that? >> i think the obama administration has done a great job so far in this case in striking that balance. i think they were right to invoke the public safety exception to miranda, which says, hey, if you've got a guy who is a dangerous terrorist, where there may still be attacks that are imminent, where he may have co-conspirators, there may be another bomb out there, you don't have to immediately read the miranda warnings. you can do what any sensible person would do and any sensible police officer would do, first, talk to the guy and make sure there is no other imminent threat. and then i think after they did that initial questioning, they also did the right thing to move him to the civilian criminal justice system. you know, senator graham and others have suggested, oh, no, they should have held him as an enemy combatant, should have held him under the laws of war, i think the experience in the jose padilla case and other cases shows that trying one of these new categories leads to years of legal confusion. >> jenny, let me jump in. just to both of you and we'll wrap this
Search Results 0 to 6 of about 7